McEWEN, Judge:
Appellant, Magee Memorial, a defendant in this medical malpractice action, has taken this appeal from an order imposing delay damages entered by the trial court pursuant to an order of this Court. Craig v. Magee Memorial Rehabilitation Center, 386 Pa.Super. 656, 555 A.2d 945 (1988). Appellant, having successfully challenged the constitutionality of former Rule 238 in Craig v. Magee Memorial Rehabilitation Center,
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